Trespassing and Attractive Nuisance LawsThis spring, advisory councils were asked to discuss the subject of trespassing. Topics under that theme included legal definitions, who it applies to and what the penalties are. Along with the trespassing issue, the subject of attractive nuisance laws was addressed. (Under attractive nuisance laws, a landowner may be subject to liability for physical harm to children who are trespassing if the child is too young to recognize apparent dangers.) Specific circumstances where the law applies were discussed as were tips on protecting oneself from possible lawsuits. Advisory councils that discussed this topic sent in hundreds of responses to related questions, and numerous comments were submitted. Following are some remarks shared by council members. Belmont Barnesville 3-B Council: People need to know that even undeveloped land is private property. Hay fields are not flower gardens and picnic areas. Information coordinators should address this issue in newspaper letters and articles. Seneca County Buzzin B’s: We as landowners can post all the signs we want or put up fences to keep people out. They will ignore the signs and push down the fences. We should not have to be responsible if someone gets hurt on our property when they are not supposed to be there. Hancock County Sand Seepers Council: Living in a quiet, rural, conservative neighborhood doesn’t mean we should become careless and think (attractive nuisance suits) won’t happen here. We need to take precautions. Auglaize #20: We all agreed it’s quite a chore to keep people from trespassing on our property. Especially with the attitude of the younger generation where many are not taught respect of other peoples’ property. We think it goes back to home teaching, peer association, a laxness of the law when reported or caught by game wardens and some property owners. Biggest gripe was if you let someone you know hunt, use a pond, then they in turn bring large numbers of people in to sue them also without permission. Renters should not be allowed to invite friends, family, etc in to hunt, fish, snowmobile, and dirt bike, use a pond, etc. unless they have permission from the landlord. Columbiana Fairfield Harvesters: One concern that arose was on how to deal with demands on county funds (for better enforcement of trespassing laws.) Knox County 49ers: We agreed these laws are necessary but remarked that our parents would not have had to have this discussion. Times have changed. | |




